Lopez v. Concord General Mutual Insurance Group

Defendant, Concord General Mutual Insurance Group, appeals from an order in a declaratory judgment action granting a motion for summary judgment filed by plaintiff, Armando Lopez, and denying defendant’s motion. Defendant raises two issues: (1) that the trial court erred in holding that Concord had waived its right to collect its subrogated interest from a settlement fund, and (2) that if there was no waiver, then it should not be obligated to pay a portion of plaintiff’s attorney’s fees. Because we find that summary judgment was inappropriate in this case, we reverse and remand.

On February…